According to the received opinion there is a theoretical incompatibility between Herbert Hart'sThe Concept of Lawand Alf Ross'sOn Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken.The Concept of Lawdoes not go beyondOn Law and Justicein so far as both present arguments to the effect that law is based on a shared understanding between participants in a project perceived (...) by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward inThe Concept of LawandOn Law and Justiceare very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

. In this reply to Dahlman, the focus is on aspects that I take to be of general interest. The point to be emphasised is the absence of a critically reflexive mode of questioning on the part of Dahlman and, in general, on the part of the position he represents, namely, an empiricist and logical paradigm of atemporal cognition and control. It is argued that lawyers’ thinking de lege lata—with its distinctive connection to normativity and morals, through the unity of (...) the temporal and institutional dimensions in fused modality—can never be understood within such a framework. (shrink)

I introduce the concept of ‘fused descriptive and normative proposition.’ I demonstrate that and how this concept has a basis in reality in lawyers' propositions de lege lata, and I point out that and why we do not find fused modality in language qua language, morals and the relationship between parents and children. The concept of ‘fused descriptive and normative proposition’ is of interest in a number of contexts, inter alia in relation to law, cf. the debate about the status (...) of lawyers' propositions de lege lata (“exactly what kind of propositions are lawyers' propositions about what is the law?”), and in relation to philosophy, cf. the debate about the relationship between ‘the is‘ and ‘the ought.’ As a consequence of the reality basis and interest of this concept, I see the concepts of ‘descriptive proposition’ and ‘normative proposition’ as the extreme points on a graduated dimension, from the purely descriptive to the purely normative. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. My enquiry into this topic comprises three parts. In the first part (Eng 2014a), I raised the issue of the reflexivity of justification and questioned whether the reflexive challenge can be met within the framework of A Theory of Justice. In this second part, I shall outline a Kantian approach that represents a paradigmatic alternative to Rawls. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. In the first part of this enquiry (Eng 2014a), I raised the issue of the reflexivity of justification and questioned whether the reflexive challenge can be met within the framework of A Theory of Justice. In the second part (Eng 2014b), I outlined a Kantian approach that represents a paradigmatic alternative to Rawls. In this third and final part, I shall argue that Rawls's reflective equilibrium cannot justify the choice of itself and that in the broader perspective thus necessitated, we cannot escape the metaphysical issues integral to the Kantian approach. (shrink)

In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...) equilibrium” is on a par with Kant's concept of “transcendental deduction.” Treating these two approaches to justification as paradigmatic, I consider their respective merits in meeting the reflexive challenge, i.e., in offering a justification for choice of mode of justification. My enquiry into this topic comprises three parts. In this first part, I raise the issue of the reflexivity of justification and question whether the reflexive challenge can be met within the framework of A Theory of Justice. (shrink)

The aim of this paper is to point out the salient patterns of agreement and dis‐ agreement between Alf Ross and Hans Kelsen's analyses of valid law and efficacy. I argue that the disagreement has the character of systemic postulation on the part of both interlocutors. My main thesis is that the disagreement is not one of philosophical principle, but one that must be resolved on the basis of pragmatic considerations, i.e., the choice between the two valid‐law schemes pertains neither (...) to necessity nor to truth, but to expediency and values. (shrink)

This paper investigates the actual use of truth as a criterion in the setting up of and choice between descriptive characterisations. The consideration for truth is often weighed against other considerations. This weighing character is illuminated through examples from everyday life, politics, law, and science. In everyday life the weighing character shows itself inter alia through the categories of ‘white lies’ and ‘great questions’, and in politics, inter alia through the categories of ‘personal character’ versus ‘the party’. In law there (...) are numerous examples of norms that increase the probability of untrue characterisations being taken as a basis for the application of the law. This paper focuses on the categories of ‘exclusion of evidence’, ‘burden of proof’, and ‘adjusting of facts as a means to concretely reasonable and just results’. The paper concludes by showing that burden of proof considerations are also found in an area in which many people assume that the truth criterion is paramount, namely science. The method is thus casuistic. However, the aim is a certain representativity in relation to the problem aspects. (shrink)

This paper analyses Steven Vogel's claim that his account of a post-natural environmental philosophy solves the dualism problem within the field. Through what I will call a novel critique of social constructionism, this paper examines whether Vogel's attempt succeeds or whether it reinforces the problem he wants to solve. Could the ontological foundations of social constructivism themselves be in conflict with Vogel's stated aim of overcoming the human/nature dualism? The last part of the paper focuses on the significance and role (...) of a post-natural environmental philosophy for the field of environmental philosophy in general. (shrink)

In Transcendence and Sensoriness , scholars of theology, philosophy, art, music, and architecture, discuss questions of transcendence, the human senses, and the arts through case studies considered in a broad theological framework of religious aesthetics of the arts.

This paper seeks to expand our understanding of initial trust by looking at how variation in risk influences the nature of trust and the process of initial trust formation. Four hypotheses were tested in two experiments involving participants with and without work experience. A first hypothesis suggested a positive relationship between a general propensity to trust and initial trust; a second hypothesis, a negative relationship between risk and initial trust; whereas a third hypothesis posited that risk would increase the importance (...) participants place on benevolence and integrity. A fourth hypothesis suggested that risk would have a positive and moderating influence on the effect of out-of-role behavior when presented after role-conformant in-role behavior. Findings are presented and discussed and practical implications suggested. (shrink)

In 1968, an antisemitic campaign, launched by the Polish government, caused around 13,000 Jews to leave Poland. About 2500 of these refugees came to Denmark, while only about 25 ended up in Norway. The migration to Norway could potentially have reached low hundreds, but as oral-history sources indicate, the Jewish congregation in Oslo turned down a government initiative in 1969. Based on written and oral sources, and secondary literature, I argue that there was an equally important factor differentiating the two (...) countries. Comparing the Danish and Norwegian refugee reception policies, the article finds that Danish authorities and their NGO partners at decisive stages in the process were more proactive than their Norwegian counterparts in their efforts to persuade Polish Jews to come. The most critical point was in June 1969, when Denmark’s embassy in Warsaw started issuing Jews with automatic visas, while Norway retained its existing application process. (shrink)

The similarities between virtuality and play are obvious, beginning with, for instance, the ubiquitous character of both. This paper deals with how insights from research on play can be used to enlighten our understanding of the ethical dimensions of activities in cyberspace, and vice versa. In particular, a central claim that play is beyond vice and virtue is debated and contested.

What is the connection between dispositions and ethics? Some might think very little and those who are interested in dispositions tend to be metaphysicians whose interests are far from value. However, we argue in this paper that dispositions and dispositionality are central to ethics, indeed a precondition. Ethics rests on a number of notions that are either dispositional in nature or involve real dispositions or powers at work. We argue for a dispositional account of value that offers an alternative to (...) the traditional fact-value dichotomy. We explain the place of value within a structure that explains the possibility of ethics. Elsewhere in this structure, we argue that moral responsibility is a precondition for ethics and that it is a dispositional notion depending critically on what Mumford and Anjum have called the dispositional modality. Moral responsibility in turn depends on there being both agency and normativity. We argue that intentionality and agency are preconditions for agency and that value is a precondition of normativity. All these notions are dispositional and make best sense if there are real dispositions or causal powers of agents. (shrink)

Trust has a great potential for furthering our understanding of organizational change and learning. This potential however remains largely untapped. It is argued that two reasons as for why this potential remains unrealized are: (i) A narrow conceptualization of change as implementation and (ii) an emphasis on direct and aggregated effects of individual trust to the exclusion of other effects. It is further suggested that our understanding of the effects of trust on organizational change, should benefit from including effects of (...) trust on the formulation stage. It should also benefit from exploring the structuring effects of trust in organizations. Throughout this chapter, ways to extend current research on trust in organizations are suggested. The chapter also provides examples of relevant contributions where available. In order to capture organizational effects of trust, it is suggested that trust should be studied over longer time intervals, and include several referents of trust, spanning both horizontal and vertical relationships in the organization. (shrink)

On several levels, there is now a debate whether the concept of God can be made compatible with modern science. In an attempt to elucidate this debate, I give an account of my own experiences from writing a book on the foundation of quantum mechanics. In my opinion, one can give two independent arguments for the existence of God by taking as departure an epistemic (knowledge-based) interpretation of quantum theory. However, I also argue that any religious belief should be the (...) result of an existential choice governed by each person’s own context (history and culture). In particular, I give my account of Christianity as a religion connected to our western culture, how one as a scientist can relate to the relevant dogmas. (shrink)

In this chapter, we argue that trust can be better understood in relation to people’s attempts to deal with vulnerability in social interactions. Different situations afford different forms of adaptation that correspond to different forms of trust. We describe three forms of trust: trust as a decision, trust as a performance and trust as an uncontrollable force. We show how these different types of trust differ with respect to assumptions about trust, trustworthiness and agency as well as with respect to (...) the accompanying emotions and outline a tentative process model of trust. We conclude the chapter by reviewing the contribution of the suggested framework as well as indicating questions for further research. (shrink)

According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...) understanding between participants in a project perceived by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward in The Concept of Law and On Law and Justice are very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

Change can be difficult to achieve, and system inertia may be considered relevant. There is a tendency for dynamic systems to enter into specific states characterized by stabilizing factors. The present work attempts to define inertia processes and explores these with regard to pro-environmental behaviour and decision-making. Inertia processes can be considered both within an organizational context and from the level of the individual, and may involve a number of psychological processes and aspects of the decision-making process. A few suggestions (...) for research are also presented. (shrink)

From the mid 1990s, the OECD started the planning of the Program for International Student Assessment, now well known as PISA. 1 The first PISA testing took place early in 2000, and the results were published in December 2001. Since then, PISA results have gradually become a kind of global “gold standard” for educational quality, and educational policy has been globalized, lifted out of the domestic policy, as proudly stated by the PISA director, Andreas Schleicher in the TED-talk quoted below. (...) The presentation is transcribed in 29 languages and has been seen by some 758 thousand viewers. (shrink)

Brings the figure of the voice and the problem of mimesis in Heidegger and post-Heideggerian continental thought to bear on the dismissal of language by the affective and aesthetic turns of contemporary critical theory.

Across two studies the hypotheses were tested that stressful situations affect both leadership ethical acting and leaders' recognition of ethical dilemmas. In the studies, decision makers recruited from 3 sites of a Swedish multinational civil engineering company provided personal data on stressful situations, made ethical decisions, and answered to stress-outcome questions. Stressful situations were observed to have a greater impact on ethical acting than on the recognition of ethical dilemmas. This was particularly true for situations involving punishment and lack of (...) rewards. The results are important for the Corporate Social Responsibility (CSR) of an organization, especially with regard to the analysis of the Stressors influencing managerial work and its implications for ethical behavior. (shrink)

The word _meṇḍaka_, a derivative of _meṇḍa_ (“ram”), is generally translated as “made of the ram” or “about the ram” or “horned.” However, in the Pāli _Milindapañha_ (_Questions of Milinda_), the word _meṇḍakapañha_, literally, a question about the ram, is also rendered as a logical conclusion that refutes an imaginary dilemma. Hence, in this treatise, the word _meṇḍaka_ is a special logical term which means an imaginary dilemma that can be logically refuted. This raises the question as to why the (...) word _meṇḍaka_ has come to be associated with this logical technique. To answer this question, this paper examines various aspects of the word and its possible connections to a dilemma and its refutation. The discussion ranges from the meaning of this word in a tale in the _Jātaka_ (Birth Stories), within the contextual usage in a _meṇḍaka_ question, to a relatively recent commentarial text (_aṭṭhakathā_) which gives a different perspective on the etymology of the word. The _Milindapañha_ is explicit in defining a _meṇḍaka_ question as knotty, hard to penetrate, and difficult to resolve, some of which an opponent puts forth to undermine certain aspects of the Buddhist system. However, the way certain _meṇḍaka_ questions are framed, though not directly stated, seem to utilize the principles of logic in a dilemmatic form of argument. With that, a _meṇḍaka_ question, at least in the _Milindapañha_, could also mean “a dilemmatic expression put forth by a challenger to undermine an opponent, but which can be logically refuted.”. (shrink)

This article re-examines speculations about school affiliation of the Milindapañha (Questions of King Milinda) and traces its presence from North West India in the early centuries CE up to Southeast Asia in the nineteenth century. As there are significant differences between the textual traditions of the Pali Text Society’s Milindapañho and the Siamese printed edition, the Milindapañh?, I will discuss the little-known textual characteristics of the Siamese recensions which were circulating in Central Siam from at least the seventeenth century. This (...) is possible with the discovery of several Ayutthaya period Milindapañha manuscripts kept at a temple and the National Library of Thailand. By the end of the eighteenth century, at least three different recensions were circulating in Central Siam. This paper will present some of their dissimilarities as well as their probable textual lineages. The newly discovered manuscripts also partly demonstrate that the shape of the textual tradition of a text, at least for the Milindapañha in Siam, reflects a function of the textual community that preserved and transmitted it. (shrink)

In a couple of classical studies, Keeney proposed two sets of variables labelled as value focused thinking (VFT) and alternative-focused thinking (AFT). Value-focused thinking (VFT), he argued, is a creative method that centres on the different decision objectives and how as many alternatives as possible may be generated from them. Alternative-focused thinking (AFT), on the other hand, is a method in which the decision maker takes notice of all the available alternatives and then makes a choice that seems to fit (...) the problem best. The impact of these two methods on idea generation was measured using a sample of employees. The results revealed that employees in the value-focused thinking condition (VFT) produced fewer ideas. Thus, value-focused thinking (VFT) is not only able to facilitate ideation fluency but also to constrain it. Factors such as cognitive effort and motivation may play a part here. However, the quality of the ideas was judged to be higher in terms of creativity and innovativeness. Hence, value-focused thinking (VFT) seems to have a positive impact on the quality of ideas in terms of creativity and innovativeness regardless of ideation fluency. Implications for the design of idea management systems are discussed. (shrink)